Radiculopathy & sciatica decisions — 2000

The Board denied the appellant's claims for higher ratings for his service-connected low back disability, finding that the evidence did not meet the criteria for a rating in excess of 40 percent from October 10, 1997 to June 9, 1998 and for a rating in excess of 60 percent subsequent to October 1, 1998.

The veteran's service-connected disabilities do not render her unemployable, as she can perform the physical and mental acts required for gainful employment despite her conditions.

The Board has granted the appellant's claims for service connection for restrictive lung disease, cervical spine disorder (including degenerative joint disease of the cervical spine and cervical radiculopathy), and chronic fatigue syndrome. The right shoulder disorder is not considered well-grounded due to lack of evidence. Dizziness was also found to be related to service.

The veteran's claims for increased evaluations of his service-connected disabilities have been denied. The RO found that the veteran did not meet the criteria for higher ratings under the applicable rating schedule.

The Board has granted a 10 percent rating for the appellant's left knee strain, effective from when this decision is issued.

The Board denied the veteran's claim for VA compensation benefits under 38 U.S.C.A. 1151 based on treatment at a VA medical facility in September 1981, finding that new and material evidence had not been submitted to reopen the claim.

The Board has determined that further development is needed to determine if the veteran's service-connected low back disability results in the permanent loss of use of both lower extremities, necessitating the regular and constant use of a wheelchair or other assistive devices. The case will be returned for this purpose.

The veteran's right knee and left ankle disabilities have been rated based on their current status, with the right knee receiving a 100% evaluation due to total knee replacement.

The Board found no competent medical evidence of a duodenal ulcer, perforated left tympanic membrane, Bell's palsy, low back disability, or right C6-7 radiculopathy. Therefore, the veteran's claims for these conditions are not well grounded.

The VA denied the veteran's claim for an increased evaluation for his service-connected herniated nucleus pulposus, lumbar spine with residual right lumbar radiculopathy.

The VA has determined that the veteran's low back disability, which includes chronic pain and occasional radiculopathy, does not warrant a rating higher than 20 percent.

The veteran's appeal is being remanded to the RO for further development of his claims, including obtaining medical opinions and records. The case will be returned to the Board for final appellate review.

Your original disability rating for your low back condition was granted at a 40% level. The VA increased it to a 60% level effective September 1, 1993, which satisfies your request.

The veteran's service-connected chronic lumbar syndrome was granted a 40 percent evaluation effective June 1, 1993.

The veteran's claim for an increased rating for his service-connected low back disability was granted, and the effective date of his award of Total Disability Rating Based on Individual Unemployability (TDIU) is set at November 19, 1989.

The Board has determined that the veteran's claim for an increased evaluation of his service-connected lumbar paravertebral myositis and bilateral L5-S1 radiculopathy is well grounded. The RO assigned a 40 percent disability rating effective June 27, 1996, but did not address the period from March 29, 1995 to June 27, 1996. Therefore, the case is being remanded for further development.